Rabe v. State

DAVIDSON, Presiding Judge.

This is the second appeal. The judgment was reversed on the former appeal because of a variance between the allegations of the indictment and the evidence. The indictment on the former appeal charged ownership in Dr. Stewart, the real owner of 'the alleged stolen cattle. The care, control and management of the cattle was held under the evidence to be in Thomas.' This constituted a variance, for which the judgment was reversed. A new indictment was presented containing three counts, alleging respectively ownership in Dr. Stewart, Mr. Herrington and Mr. Thomas. Each…